JAMIA MASJID SUNNI Vs. LAND TRIBUNAL NORTH

JUDGEMENT

(1.) These two petitions, i.e., one by the Jamia Masjid (Sunni Wakf) in W.P No. 27846/2016 and the other by the Karnataka State Board of Aukaf in companion W.P No. 5258/2018, seek to lay a challenge to the same order dtd. 28/10/2014 whereby the Land Tribunal has accorded occupancy of the land in question in favour of the private Respondents 1977 in terms of their application in Form No.1 under the provisions of the Karnataka Certain Inams Abolition Act.

(2.) Learned Sr. Panel Counsel appearing for the petitioners vehemently argues that the impugned order is liable to be set aside because: the land in question was enlisted as the property of Wakf Board and therefore, occupancy could not have been registered; no tenancy was created by the competent person in favour of the claimants; they were not in the cultivation of the subject land; lastly, that the Tribunal has not followed the due procedure prescribed under the extant Rules. So contending he seeks voiding of the impugned order.

(3.) After service of notice, the official respondents are represented by the learned HCGP and the private Respondents speak through the learned Sr. Advocate Mr. Jayakumar S Patil; both they make submission in justification of the impugned order and the reasons on which it has been structured. Mr. Patil submits that the agrarian law enacted in terms of 1977 Act has to be treated as a special legislation consistent with the Directive Principles of State Policy; as on the relevant day, the subject land was not enlisted as Wakf/Aukaf property; the person who granted lease of land was competent to create tenancy; and that his clients being in the cultivation of the subject land as on 1/3/1974 are rightly granted occupancy.